(a) (1) A person is guilty of criminal contempt of a domestic violence protective order when the person knowingly violates or fails to obey any provision of a protective order issued by:
(2) A person is guilty of criminal contempt of a lethal violence protective order when the person knowingly violates or fails to obey any provision of a protective order issued by the Justice of the Peace Court or Superior Court, as long as such violation or failure to obey occurred in Delaware.
(b) Criminal contempt of a domestic violence protective order is a class A misdemeanor, unless any of the elements set forth in subsection (c) of this section are met, in which case the offense shall be a class F felony.
(c) A person is guilty of felony criminal contempt of a domestic violence protective order or a lethal violence protective order if:
(1) Such contempt resulted in physical injury;
(2) Such contempt involved the use or threatened use of a deadly weapon or firearm.
(d) A person found guilty of criminal contempt of a domestic violence protective order or lethal violence protective order shall receive a minimum sentence of 15 days incarceration if:
(1) Such contempt resulted in physical injury; or
(2) Such contempt involved the use or threatened use of a deadly weapon; or
(3) The defendant was convicted of criminal contempt of a domestic violence protective order or lethal violence protective order under this section on 2 or more occasions prior to this violation.
(e) The minimum sentence shall not be subject to suspension and no person subject to the minimum sentence shall be eligible for probation, parole, furlough or suspended custody during said sentence.
(f) The Superior Court has exclusive jurisdiction over offenses under paragraph (a)(2) of this section.
69 Del. Laws, c. 160, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 179, § 1; 72 Del. Laws, c. 63, § 1; 76 Del. Laws, c. 117, §§ 1-4; 80 Del. Laws, c. 373, § 2; 81 Del. Laws, c. 274, § 2.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.